Difference between revisions of "Six Pressing Issues when Living in Residential Care"

The Adult Guardianship Act allows health authorities to apply for an interim court order restricting a visitor’s access for up to 90 days. ([[{{PAGENAME}}#References|16]]) However this  can only occur  when the health authority  has  reason to believe that the adult is being abused or neglected by that person,  the situation  has been investigated by the designated agency (health authority) , and  the designated agency has successfully applied to court to put the restriction in place. ([[{{PAGENAME}}#References|17]])

The residential care regulations authorize the facility operator to control access to visitors in other specific narrow circumstances.  For example, care facility staff can control access to residents for some infectious diseases.  Also the operator must restrict or prohibit a person from accessing the resident “as necessary” in order to comply with a court order, e.g. a peace order/ restraining order, or an injunction. ([[{{PAGENAME}}#References|18]]) Having said that, an operator or the health authority may not use an injunction that a court issued to bar one visitor in one specific situation as implicit or explicit authority to bar other people in other circumstances.

Under the residential care regulations,  the Operator is required to record the identity  of any individual who the operator has reason to believe may pose a risk to the health, safety or dignity of the person in care.([[{{PAGENAME}}#References|19]]) However, there must be a reasonable basis for identifying a person as a risk to the resident. Operators also cannot bar individuals from visiting the resident simply because the Operator or staff members consider them as complainers or “trouble”.

Operators sometimes point out they have  a legal responsibility to ensure the resident is not  released or removed  from the  care facility to anyone except the resident’s representative or a person authorized by the representative.  ([[{{PAGENAME}}#References|20]]) Also,  they point out that a care plan or “other pre-existing arrangement” can set out who the resident can be released to, or who can remove  the resident from  the care facility. ([[{{PAGENAME}}#References|21]])Both statements are legally accurate, but they can only apply to situations where the resident is not mentally capable of making that decision for herself  or himself.  A care plan that purported to make those restrictions  without the express consent of a mentally capable adult would not be valid.